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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TRANSCRIBED BY: MARTHA L. VENTIMIGLIA, CSR NO. 8992 CONFIDENTIAL 1 CONFIDENTIAL TRANSCRIPTION OF CLOSED SESSION MEETING SEPTEMBER 21, 2011

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P A R T I C I P A N T S SUPERVISOR GLORIA MOLINA SUPERVISOR MARK RIDLEY-THOMAS SUPERVISOR ZEV YAROSLAVSKY SUPERVISOR DON KNABE MICHAEL D. ANTONOVICH, MAYOR PRESIDING GOVERNOR JERRY BROWN DIANE DOOLEY, STATE HEALTH AND HUMAN SERVICES SECRETARY BILL FUJIOKA, CHIEF EXECUTIVE OFFICER MATT CATE, STATE SECRETARY - DEPARTMENT OF CORRECTIONS/REHABILIATION ANA MATOSANTOS, STATE DIRECTOR, DEPARTMENT OF FINANCE

12 ANDREA ORDIN, COUNTY COUNSEL 13 14 15 16 17 18 19 20 21 22 23 24 25 CONFIDENTIAL 2 SACHI HAMAI, EXECUTIVE OFFICER OF THE BOARD OF SUPERVISORS

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CLOSED SESSION WEDNESDAY, SEPTEMBER 21, 2011 2:05 P.M. * * *

(Beginning of recording.) GOVERNOR BROWN: that a little bit? MALE SPEAKER: Sure. -- funding. Could you elaborate

We don't have the funding to cover all the mental health and the drugs subsistence programs. also on the funding, to make matters worse, you are proposing funding only 1600 jail beds which means that 1 out of 5 inmates sentenced to jail will get a jail bed who belong in prison in the first place. one of the problems. And your funding is $2275 less than adequate for the population in the treatment area who often have serious mental health and drug abuse problems. GOVERNOR BROWN: Well, do you have a paper on Can you in That's And

these, (inaudible), our direct affiliate? any way respond to that? MALE SPEAKER:

The amount of money that is being

included in realignment is about 80 percent of the State costs. And the State costs generally are higher Going 3

than the local costs for this population. CONFIDENTIAL

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forward it will be about 70 percent. The funding that's going with them includes funding for substance abuse and includes funding for mental health, includes funding for whatever you decide in terms of how you want to allocate the funds for the different particular purposes. But the allocations do

include funds for services, for programs, and for health, and for mental health. GOVERNOR BROWN: Let me just stop you right there.

We -- it's our impression that the State makes a hell of a lot more money than the local, so I think that's verifiable, but we can have that looked at after the phone call. MALE SPEAKER: GOVERNOR BROWN: We can have -We're giving you this year 80

percent of our -- well, we can (inaudible) inflated costs because with less sufficiently, with 18 consent decrees. So I know you have -- you're reading from something, so we ought to get a copy of that -MALE SPEAKER: And be --

(Speaking simultaneously.) GOVERNOR BROWN: -- our staff work through it, and

maybe take up this point in another couple of days after I have had a chance to review it. CONFIDENTIAL 4

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MALE SPEAKER: GOVERNOR BROWN:

Right. But we will definitely get into

the weight here to make sure that we do everything we possibly can. SUPERVISOR ANTONOVICH: We can send that to you;

and Bill can further elaborate on that now, if you wish. GOVERNOR BROWN: But remember, the US Supreme

Court which is the final authority here has ordered 30,000 reductions including this which, by the way, that's a lot more than 30,000 prisoners. to come. Instead of letting them out willy nilly, we need this realignment, will be much safer and be -leave less to be blocked up at the city level, seriously violent people. SUPERVISOR ANTONOVICH: Yeah, but then how are you So that's got

willing to contract with the locals? GOVERNOR BROWN: locals when needed. Well, we will contract with the If you need space, you can

contract with us because there will be -- some of the people will be your responsibility. add -(Speaking simultaneously.) MS. DOOLEY: -- incumbent. Hello Supervisor. 5 You'll want to

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(Speaking simultaneously.) MALE SPEAKER: MS. DOOLEY: Hey Diane. Hi.

You can contract with us for fire camps. People are working on that issue. The receiver, you know, we have given you a rate for a general population person of $77 a day; but that's, you know, subject to continuing discussion. And the receiver has said that people with mental health issues and health issues, he's reluctant to have counties contract back with the State. So that is something that corrections is continuing to talk to the State about. GOVERNOR BROWN: So what does that mean?

That mean that mental health issue for someone in the County (inaudible)? MS. DOOLEY: That would have -- would have to deal

with them at the local level versus contracting back and having that person come back to the State. GOVERNOR BROWN: to the State? MS. DOOLEY: So what if they need to come back

How does that work? Well, they -- I think the receiver They are the

is, they don't need back to the State.

jurisdiction of the County and the County has to provide the necessary services. CONFIDENTIAL 6

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MALE SPEAKER: problem.

That's -- and there lies the

SUPERVISOR ANTONOVICH:

And we are liable if we

don't, so we have a liability issue that we would have to assume. GOVERNOR BROWN: the County will be -(Speaking simultaneously.) SUPERVISOR MOLINA: Gloria. Let me just say that yesterday, one of the issues that came up in our board that is still not clear, now let's understand, one of the things that we are concerned at the local level is that we're going to have to hire all of these people who are getting ready to go in the next couple of weeks. The problem is we have no assurances for continued funding. But not to elaborate on that issue Governor. Governor, this is Well, who are these people that

because I know it is something you are trying to work on, but the issue of mental health is this. What people are telling you and what they're telling us is not working on the day to day. Right now

we are getting folders of people that we're going to be receiving. They have a little checkmark that says they But we don't have access to 7

have mental health issues.

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the data, to the information.

Not that we need to know

everything, but we need to know what level of mental health disorder does this person have. What level of

preparation do we need to have for this prisoner that is coming in. And right now the folders that are coming in are not providing all of that information. And as I

said yesterday, I don't think that we have a duty in a partnership, that if the partner is not providing us all of the information, I don't know that we can be helpful with that prisoner who needs mental health. So your folks have to be much more forthcoming in some of the people that they are giving us. Right

now, they're just folders with names and checkmarks. And what we are trying to say in order to prepare for the mental health programs here, we need to know the level of the mental disorder. need a bed? it? Is it that they What is

Is it that they need medication?

And we are not getting it from the department. SUPERVISOR YAROSLAVSKY: One other thing on that

point, Governor -- Zev here -- the realignment statute I believe expressly states that the most acute level of mental disorder parolees are not to be transferred to us. And what we can't determine from all of the CONFIDENTIAL 8

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folders that we are getting any of the acute cases are slipping through the cracks; and we need to know that, too. MS. DOOLEY: Well, I think -- this is Diane again.

I think that there is -- the Department of Corrections has a work group that is working with County mental health on this -- it is my understanding that the receiver has responsibility for the -- the health and mental health information. They are working

on getting a (inaudible) format in place that County could have access to that. I think everybody agrees that it is really important that County mental health, County law enforcement (inaudible) have the information about the people who are coming. SUPERVISOR MOLINA: So I (inaudible) have it, and

it must happen before we receive these prisoners. SUPERVISOR KNABE: (Inaudible) Don Knabe. I mean, We

at the end of the day, we need that information. can't have these out complete formulas. GOVERNOR BROWN:

Getting at -- how do we resolve

these things, you know? MS. DOOLEY: We have to -- we have to resolve them

with the corrections program people and the County program people, talking about what's the best way to CONFIDENTIAL 9

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get the information. SUPERVISOR ANTONOVICH: But you also have to give

us that information from your end. MS. DOOLEY: those. MALE SPEAKER: Yeah, Governor -There is a chance. We're working on

(Speaking simultaneously.) MALE SPEAKER: in two weeks. SUPERVISOR ANTONOVICH: But that'll come in 11 But we're going to start accepting

days or 10 days and that's the problem. MR. FUJIOKA: You know, Governor -- Bill

Fujioka -- other than nonrevocable parole program, we have access -- we're allowed to review the actual medical records files for these individuals with mental health issues. And I know that Diane's right. committee working. There is that

Our concern is that October 1st is And with that, we are

within, what, 10 days, 11 days? real, real concerned.

So if we could expedite that

process of finding a solution, that would be great. Otherwise, accepting these -- these individuals at this time is something we can't do. MR. CATE: Corrections. CONFIDENTIAL 10 (Inaudible) Matt Cate, Secretary of

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And we did meet with the mental health director a week ago. We have another meeting the day We are going to

after tomorrow on this very topic.

provide the information that was just described like we did for nonrevocable parole. We also have unit electronic health records that ideally we would be able to provide full access to all the electronic health records. We have to get the

approval from the receiver to do that. Keep in mind that it's not -- this is not a black-and-white easy issue. There are HIPAA privacy

rules, federal rules, and we have to make sure we don't violate. So there are some complexities here, but it is -- it is our intent to provide all information that we can possibly legally provide. One thing that we can guarantee is that for every one of these offenders, when they leave a prison, I'm going to have a full-time employee who does nothing but field calls and provide clinician-to-clinician information on these people's mental health needs. I can't provide it to just anybody. Clinicians have to be involved in this transfer of information. SUPERVISOR ANTONOVICH: That's after the fact. 11

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That's after the fact. to that. MR. CATE:

We need the information prior

So you can -- you can -- we're going to

give you packages 120 days in advance once we get started. SUPERVISOR ANTONOVICH: October 1st? MR. CATE: They're not coming

They are not coming October 1st? They are coming October 1st. So how do we get 120 days

SUPERVISOR ANTONOVICH:

when we are talking about 10 days? MR. CATE: So we didn't -- we didn't even have

information from the counties on who to send these to until September 1st. I'm talking about eventual We only have a

rollout to allow the longer period. month to start with. SUPERVISOR ANTONOVICH:

They why don't you delay

that month until you have that information for the 58 counties before we receive these inmates? MR. CATE: I'm sorry. I didn't hear you. Then why don't you delay

SUPERVISOR ANTONOVICH:

releasing those individuals til the counties have that information before receiving those inmates? MR. CATE: for -(Inaudible.) CONFIDENTIAL 12 All you need to do -- all we need to do

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MR. CATE:

-- of this person (inaudible) services. So we have 1200 phone calls on

SUPERVISOR KNABE: October 1st? SUPERVISOR MOLINA: sense. Okay.

Yeah.

But that doesn't make

So we have to get a mental health

clinician who has this form that has a little checkbox that says this has a mental health disorder. We have

to get a mental health clinician to call a clinician in the department and then you are going to tell us the level of the severity? MR. CATE: Is that what you are saying?

What would ideally -- where we're going

to get to is we'll have -SUPERVISOR MOLINA: Now, tell me what you're doing

on October 1st because we already have, I am told, 70-some people that have some kind of mental health disorder that we don't know what it is. MR. CATE: All you have to do is every one of Is

these people have a clinician in the County. that -SUPERVISOR MOLINA: MR. CATE: No, they do not.

Not yet.

I'm sorry.

They are going to have a

clinician in the County, and they have a clinician right now in the institution. SUPERVISOR MOLINA: But that is the problem is we

only have is a document that the checkmark has been CONFIDENTIAL 13

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mare. Are you saying now that we need to get a mental health clinician to call your clinician before we will know the severity of the mental disorder? MR. CATE: on the form. The severity of the mental disorder is It will highlight -But it's not. It will say

SUPERVISOR MOLINA: MR. CATE:

-- person needs to know.

on there, for example, whether they -- what level of care they received. Your clinicians will understand

that and know to call our clinicians to have that conversation. SUPERVISOR ANTONOVICH: But some of your forms

aren't checked off on that box. SUPERVISOR MOLINA: No. It's -- that's all they

are is just a checked box, but it doesn't say the level of need. SUPERVISOR KNABE: Or it doesn't say what drugs

they are taking or what their treatment's been or how long they have been in treatment, any of these details that you do in an assessment process for mental health issues. MS. MATOSANTOS: The plan -- this is Ana -- but

just to confirm, the plan will be that they will have the same level of information for these people as they CONFIDENTIAL 14

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do for people who are going to nonrevocable parole and the question that the work group is working on is what additional information can be provided beyond that so that there is actually more of the electronic health records that are being transferred; right? MR. CATE: That is exactly right. That's on a go-forward basis; right?

MR. FUJIOKA:

That's a future plan because that is not occurring right now. GOVERNOR BROWN: FEMALE SPEAKER: (Inaudible). They're trying to get it done.

(Speaking simultaneously.) MS. MATOSANTOS: MALE SPEAKER: MS. MATOSANTOS: I think --- Not preferred. I think that is what corrections And

is working towards for purposes of October 1st.

then going forward, the goal is to have more than the lead time than there has been for this first transfer. Matt, is that correct? MR. CATE: right. Yeah, (inaudible) that is exactly

In fact, ours -- the head of mental health for

corrections spoke to the mental health -- the director in LA or the regional mental health person in Los Angeles yesterday and made sure that they were going to attend the meeting, come by Thursday at 1:00 o'clock to CONFIDENTIAL 15

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try to make sure that there is no misunderstandings about how the process will work from -- on October 1. We just -- we have got to -- it's just got to be a joint process. GOVERNOR BROWN: MALE SPEAKER: (Inaudible). MALE SPEAKER: So on October 1st, there will be Are you there, Pat? Yeah. Yeah. I'm here. Hello.

the information going to LA County and it is akin to what to -- what has been provided for nonrevocable parole. And then going forward, that information will

be provided ahead of time, and then we are working on what else we can provide; right? MR. CATE: That's exactly right. Well, there seems to be distrust

GOVERNOR BROWN:

and perhaps gaps in the information. SUPERVISOR MOLINA: correct. I think that they need to check to see the folders that they are sending us. Because, again, if Governor, that is totally

there is a clinician we can call, then good, give us the number because we will start making those phone calls because we have some gaps in place now. GOVERNOR BROWN: will do. Okay. Look, I'll tell you what I

Will it help if -- if our corrections people CONFIDENTIAL 16

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in mental health work with their counterparts in LA County and I could come down because I know time is of the essence, come down this coming Monday and set up an appointment over the next few days and let's go spend a couple hours and I'll bring, you know, the appropriate staff and let's just try to iron out, you the, the critical details as best we can because with all five people and all the people at this end, I think we'll (inaudible) to your concern. I think now if we can have some staff work and then I can meet with however many can meet or whether you have a scheduled meeting -SUPERVISOR MOLINA: Yes, we can do that. I think

hands-on, looking at these folders collectively would go a long way. GOVERNOR BROWN: Okay. And can we do that? Is

that the noticed meeting? SUPERVISOR MOLINA: time and where? GOVERNOR BROWN: Well, it will be Monday, you Sure. I can be there. What

know, mid-morning maybe. SUPERVISOR MOLINA: GOVERNOR BROWN: Sure. Let's -- give

In the afternoon.

us the rest of today to work with maybe Fujioka here, and he'll -- he'll facilitate it. CONFIDENTIAL We will get staffs 17

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working, and then let's have whatever issues are still outstanding or continue to be of maximum concerns, let us work them over. The board, yourself, or all, however you can do that and myself and whatever staff I need, I'll be there on Monday; and we can spend as many hours in the day that is required because I think that this is very serious. it's public safety, and then we don't want to

jeopardize that. SUPERVISOR ANTONOVICH: I would also include

director of mental health, Dr. Southard, and our sheriff. GOVERNOR BROWN: MR. FUJIOKA: Okay. I'll

We'll do that, Supervisor.

coordinate that with our -GOVERNOR BROWN: MR. FUJIOKA: You'll coordinate it? We're also -- what

-- participants.

I can talk to either then or I can talk to Diane or Ana about our financial concerns. responsive. GOVERNOR BROWN: Why don't you just lay all that They have also been very

out; and I will meet with each of the supervisors, whatever it takes, on Monday. realignment day in the LA. SUPERVISOR MOLINA: Sounds good. 18 This will be a

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(Inaudible). GOVERNOR BROWN: Okay. All right. Hi,

SUPERVISOR RIDLEY-THOMAS: Governor.

This is Ridley-Thomas.

I make one request

and one request alone. GOVERNOR BROWN: Supervisor.

Please don't --

You have been very quiet,

SUPERVISOR RIDLEY-THOMAS:

Yes, because I was

nervous that you would be trying to secure my file and look into it when you got here on Monday. GOVERNOR BROWN: Yeah. I could come into your

office and do a civil search. SUPERVISOR RIDLEY-THOMAS: appreciate your kindness. GOVERNOR BROWN: powers, you know. I do have some search and seizure I'm the chief magistrate. I know you don't -- I Thank you so much. We

SUPERVISOR RIDLEY-THOMAS:

know you weren't going to behave for long, but it is good of us to hear from you. GOVERNOR BROWN: seeing you. SUPERVISOR RIDLEY-THOMAS: SUPERVISOR ANTONOVICH: Okay. Likewise. Thank you, and I look forward to

So we will see you at the

State Building or the Hall of Administration? GOVERNOR BROWN: I'll be -- I know my first CONFIDENTIAL 19

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political appointment was to the Los Angeles County Crime and Delinquency Commission. SUPERVISOR YAROSLAVSKY: GOVERNOR BROWN: You did a hell of a job.

I did a hell of a job, and the

clan's been going down ever since. SUPERVISOR YAROSLAVSKY: GOVERNOR BROWN: Monday. Those old records there. I'll see you guys on

All right.

And between now and then, we'll have our

staffs engage in some very specific conversations. SUPERVISOR ANTONOVICH: much, Governor. SUPERVISOR YAROSLAVSKY: Bye-bye. SUPERVISOR RIDLEY-THOMAS: law. (End of recording.) He might follow the Thank you. Thank you. Very good. Thank you very

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I, MARTHA L. VENTIMIGLIA, Certified Shorthand Reporter No. 8992 qualified in and for the State of California, do hereby certify: That the transcripts of proceedings recorded by the Los Angeles County Board of Supervisors September 21, 2011, were thereafter transcribed into typewriting under my direction and supervision; That the transcript of recorded proceedings as archived in the office of the reporter and which have been provided to the Los Angeles County Board of Supervisors as certified by me. I further certify that I am neither counsel for, nor related to any party to the said action; nor in anywise interested in the outcome thereof. IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of March 2012, for the County records to be used only for authentication purposes of duly certified transcripts as on file of the office of the reporter.

MARTHA L. VENTIMIGLIA CSR No. 8992